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Messages - tankmania

Pages: [1]
1
Hello.

Thank you.

I will submit the appeal now.

I shall update when I receive the reply.

Thank you again :-)

Appeal submitted.

https://ibb.co/Q7Y0jwLT

https://ibb.co/jPW4g5pX

https://ibb.co/jcL2B7x

2
@ B789

I'm just confused with posting/navigating this site! Maybe it's my phone too.

But I will copy & paste from what you asked.

"However, please confirm that the copy of the PCN dated 27/11/2025 is actually addressed to you."

Yes it is addressed to me.

"Also, please confirm whether there were copies of a statement signed by or on behalf of the Enterprise to the effect that at the material time the vehicle was hired to you under a hire agreement, a copy of the hire agreement and a copy of a statement of liability signed by you under that hire agreement."

I signed an e-document of the hire contract with Enterprise on the first day of the hire (7th Nov). I then received an email of the signed contract on the same day from Enterprise, and it had a link to their terms & conditions and privacy policy. In the t & c's it states the hirer is liable to pay the owner any admin processing fee's related to the payment of any fines or offences. Here are two screenshots from it.

https://ibb.co/Z6RJv1Gv

https://ibb.co/9mTzQ29z

When I received the PCN direct from Parking Eye (dated 27th Nov) I did not receive any additional documents relating to the hire. No hire agreement or statement of liability.

Enterprise's letter dated 24th Nov stated they would attempt to charge my card with a £35 admin fee. As of 5th December they charged my card £35.

I had previously contacted the Enterprise fines team on the 25th Nov and they replied back same day stating they would refund the admin fee if the PCN was cancelled.

https://ibb.co/h1Jx4Qd4


3
Oh, ok, thank you for clarifying. I shall do that.  :-)

4
Yes, as it had the reply button so I did not click the "quote" button, and your message has the reply button too.

but there is no reply button for the last post by B789, which is who I need to reply to.

5
I can see your reply button but still nothing under B789.

This is what I see on B789's post, top and bottom;

https://ibb.co/7JkJ1H7f

https://ibb.co/3YvtQbyz

There is a reply button under my first post.

I have a reply drafted ready to send to B789!


6
Apologies to all helpful members for this. It's my first time on this forum and I'm getting confused, as sometimes I see a 'reply' button, and when I haven't seen one I selected 'quote' instead!

Now, I need to reply back to the previous message from 'b789' but I can't see a 'reply' button on the message.

7
Hello All.

I would be very grateful for your advice for a PCN I recently received.

I had a hire car. The Driver was parked in a Church car park for 10 minutes and 30 seconds. The Driver had driven in off the main road to sort out the sat nav. The date of the PCN was 17th Nov 2025. The Hirer received an email from the hire car company dated 24th Nov with summary details of the PCN they received from Parking Eye, and their admin charge.

On 1st Dec the Hirer received the PCN (Issued 20th Nov and dated 27th Nov) in the post directly from Parking Eye. £100 or £60 if paid within 14 days.

When the Driver drove into the car park there was no lighting around the building at all. It was like pitch black. Sunset on this date was around 4pm. The Driver remembers one floodlight coming on driving out of the location.

Photographs of the site were taken one evening. One cannot see ANY of the signs without a torch. Whilst some signs were fixed very high on a pole, others were lower down and attached to a fence. None could be seen because there was no lighting anywhere around the car park.

There was a sign on a pole at the entrance, however, it was not seen by the Driver at the time, and the Driver did not stop there anyway as it was not safe to do so. The Driver turned left into the location and the sign was on the right side of the entrance. It does state parking is for patrons only (it specifies the times), and, it also states parking is for patrons ONLY outside of those times.

All photographs taken had to be with the night function on the camera, otherwise nothing can be seen, including the signs.

You can see from the ANPR photographs only the number plates can be seen.

So far at the time of writing it has been 16 days since the date of issue (20th Nov).

The Hirer has not received any other correspondence from Parking Eye so far, and, neither have they contacted them.

The Hirer has read POFA but is a little confused over the law regards hire cars/agreements.

Thanking you in anticipation of your advice.

Google Street View

https://maps.app.goo.gl/S2fi9d8SW2zeiqwt5?g_st=ac

8
Then simply send the appeal as advised.

Hi.

Should I wait to appeal until 28 days (it says from the date of issue/delivered date). I received a reminder from Parking Eye in the post, there is nothing different on it.Just hoping nothing else comes through as you stated re. hire agreement, etc.

Also, at this stage should I add any other factors such as the car park was unlit, and no signs were visible in the dark. Should I upload any such evidence with the appeal? If I had taken photo's without night mode on they would be no way of making anything out.

Thank you.

9
Hello All.

I would be very grateful for your advice for a PCN I recently received.

I had a hire car. The Driver was parked in a Church car park for 10 minutes and 30 seconds. The Driver had driven in off the main road to sort out the sat nav. The date of the PCN was 17th Nov 2025. The Hirer received an email from the hire car company dated 24th Nov with summary details of the PCN they received from Parking Eye, and their admin charge.

On 1st Dec the Hirer received the PCN (Issued 20th Nov and dated 27th Nov) in the post directly from Parking Eye. £100 or £60 if paid within 14 days.

When the Driver drove into the car park there was no lighting around the building at all. It was like pitch black. Sunset on this date was around 4pm. The Driver remembers one floodlight coming on driving out of the location.

Photographs of the site were taken one evening. One cannot see ANY of the signs without a torch. Whilst some signs were fixed very high on a pole, others were lower down and attached to a fence. None could be seen because there was no lighting anywhere around the car park.

There was a sign on a pole at the entrance, however, it was not seen by the Driver at the time, and the Driver did not stop there anyway as it was not safe to do so. The Driver turned left into the location and the sign was on the right side of the entrance. It does state parking is for patrons only (it specifies the times), and, it also states parking is for patrons ONLY outside of those times.

All photographs taken had to be with the night function on the camera, otherwise nothing can be seen, including the signs.

You can see from the ANPR photographs only the number plates can be seen.

So far at the time of writing it has been 16 days since the date of issue (20th Nov).

The Hirer has not received any other correspondence from Parking Eye so far, and, neither have they contacted them.

The Hirer has read POFA but is a little confused over the law regards hire cars/agreements.

Thanking you in anticipation of your advice.

I have uploaded photo's of the location, and the PCN, also an emailed letter fom the car hire company.

https://ibb.co/N2b50tw8
https://ibb.co/jPMt5JK6
https://ibb.co/NnbxL7BB
https://ibb.co/YBxJn24x
https://ibb.co/QsYMBMD
https://ibb.co/prbfw5qX
https://ibb.co/B5T8c7sr
https://ibb.co/9kYKsVKK
https://ibb.co/bgFyTvLG
https://ibb.co/ynPckgPp
https://ibb.co/Xf0vqkcS
https://ibb.co/gLwm58tS
https://ibb.co/GQwL28JC
https://ibb.co/ghXRDR8
https://ibb.co/tMhmjXvs
https://ibb.co/RGrxjXFJ
https://ibb.co/60jPrsvC
https://ibb.co/NdcVbsNf
https://ibb.co/gLrn3HHd
https://ibb.co/Gf2cd7Vj
https://ibb.co/1GwvkTH0
https://ibb.co/tMbC9mnX
https://ibb.co/ZR0kPV1f
https://ibb.co/Q7KD998b

10
When you received the Notice that was addressed to you from Parkingeye (not a copy of the Notice to Keeper (NtK)  addressed to the hire/lease company), did it include copies of the following documents with it?

(a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b) A copy of the hire agreement; and

(c) A copy of a statement of liability signed by the hirer under that hire agreement.

I'm going to assume not, because these parking firms never do so, in breach of PoFA which means that they cannot hold the Hirer liable if the driver is not identified. However, I can see from your post that you are a bit naive about the requirement that you must never, EVER, identify the driver. Silly use of wording like "I did this or that", instead of "the driver did this or that" are the typical ways that most people proverbially blast both feet off with a single shot.

Whilst we wait to se both sides of the Notice your received (probably a Notice to Hirer (NtH)) and also the copy of the original Notice to Keeper (NtK) that you received from thew Hire firm, you should appeal ONLY in your capacity as the Hirer (there is no legal obligation on you to identify the driver to an unregulated private parking firm) with the following wording. Do not try and be clever and edit anything. Appeal verbatim:

Quote
I am the Hirer of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Hirer (NtH) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Hirer of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Parkingeye has relied on contract law allegations of breach against the driver only.

The Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtH can only hold the driver liable. Parkingeye have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

They will come back to you with some rubbish about how you must give them the drivers details, which you can simply respond with the following:

Quote
Your latest request for driver details is noted and dismissed. As the Hirer, I am under no legal obligation to identify the driver, and you are well aware of this. Continuing to pester me for information you cannot compel is a waste of both our time. Either cancel the PCN or issue a POPLA code—where your chances of success are nil.

Hello. Thank you for the time you have taken to advise me. I really appreciate it. I have edited the post. I will upload the photo's as links asap.

The Hirer has only received the PCN from Parking Eye.


12
Hello All.

I would be very grateful for your advice for a PCN I recently received.

I had a hire car. The Driver was parked in a Church car park for 10 minutes and 30 seconds. The Driver had driven in off the main road to sort out the sat nav. The date of the PCN was 17th Nov 2025. The Hirer received an email from the hire car company dated 24th Nov with summary details of the PCN they received from Parking Eye, and their admin charge.

On 1st Dec the Hirer received the PCN (Issued 20th Nov and dated 27th Nov) in the post directly from Parking Eye. £100 or £60 if paid within 14 days.

When the Driver drove into the car park there was no lighting around the building at all. It was like pitch black. Sunset on this date was around 4pm. The Driver remembers one floodlight coming on driving out of the location.

Photographs of the site were taken one evening. One cannot see ANY of the signs without a torch. Whilst some signs were fixed very high on a pole, others were lower down and attached to a fence. None could be seen because there was no lighting anywhere around the car park.

There was a sign on a pole at the entrance, however, it was not seen by the Driver at the time, and the Driver did not stop there anyway as it was not safe to do so. The Driver turned left into the location and the sign was on the right side of the entrance. It does state parking is for patrons only (it specifies the times), and, it also states parking is for patrons ONLY outside of those times.

All photographs taken had to be with the night function on the camera, otherwise nothing can be seen, including the signs.

You can see from the ANPR photographs only the number plates can be seen.

So far at the time of writing it has been 16 days since the date of issue (20th Nov).

The Hirer has not received any other correspondence from Parking Eye so far, and, neither have they contacted them.

The Hirer has read POFA but is a little confused over the law regards hire cars/agreements.

Thanking you in anticipation of your advice.

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